Court Declares Senate Bill 9 Unconstitutional For Charter Cities

Aleshire & Wynder, LLP Secures A Legal Win for Restoring Local Control on Housing: Court Rules In Favor of Five California Charter Cities Declaring Senate Bill 9 Unconstitutional

On April 22, 2024 at 11:00 AM, the Honorable Curtis A. Kin in Department 86 of the Los Angeles Superior Court issued a ruling granting a Petition for Writ of Mandate challenging the constitutionality of Senate Bill 9, as applied to charter cities.  Senate Bill 9 requires all California cities to ministerially approve an application for a lot split, and up to four total housing units, on a single family residential lot that meets certain specified criteria. 

Five charter cities – Carson, Redondo Beach, Torrance, Del Mar, and Whitter – initiated a lawsuit in early 2022 against the State of California claiming that Senate Bill 9 is unconstitutional and invalid against charter cities.  The League of California Cities and the City of Cerritos filed respective amicus briefs in the Trial Court in support of the Charter cities’ position.  After extensive briefing and two hearings in Department 86, the Court ruled in favor of the five charter cities.  In this litigation, the charter cities are represented by Managing Partner Sunny Soltani, Equity Partner Pam Lee, Partner Michelle Villarreal, and Associate Shukan Patel of Aleshire & Wynder, LLP along with Michael Webb from the Redondo Beach City Attorney’s office.  A copy of the ruling can be found here. For further information on what this ruling means or how your city can benefit from this decision, please contact Pam Lee at plee@awattorneys.com or visit awattorneys.com.

Documents:

• Petition
• Amended Petition
• Cities’ opening brief
• State’s opposition brief
• Cities’ reply brief
• State’s sur reply brief
• Cities’ sur reply brief
• League of Cal Cities amicus brief
• City of Cerritos amicus brief
• Final ruling